Town of Provincetown
Public Notice
Amendments to the
Provincetown Zoning By-Laws
April 2005 Annual Town
Meeting
Notice is hereby given that the following amendments to the Provincetown General By-Laws, as voted by the April 4, 2005 Annual Town Meeting, were approved by the Massachusetts Attorney General on May 4, 2005. This notice is published pursuant to Massachusetts General Law C.40§32. Any claims that a zoning by-law is invalid because of a defect in the procedure by which the by-law was adopted or amended may only be made within ninety (90) days of this posting. Copies of the zoning by-laws may be examined and obtained from the Town of Provincetown, Office of the Town Clerk, 260 Commercial St., Provincetown, MA 02657. By-laws are also available for viewing at the Town web site www.provincetown-ma.gov.
Article 12. Zoning By-law Amendments: Affordable
and Community Housing Units – Provincetown Local Housing Partnership. To amend the Zoning
By-law as follows:
I. Amend ARTICLE 1 DEFINITIONS by
adding the definitions of “affordable housing permit” and “community housing
permit” as follows:
Affordable
Housing Permit: A permit granted by
the Provincetown Local Housing Partnership (“PLHP”) established by the vote
under Article 12 of the April 7, 1997 Annual Town Meeting, or successor entity,
for units of Affordable Housing in a project that requires a Growth Management
Allocation Permit pursuant to Article 6, the Growth Management By-law.
Criteria for approval of an affordable housing permit shall include an executed
and acknowledged affordable housing restriction or, in the case of ownership
unit(s) an executed and acknowledged covenant whereby the property owner agrees
to convey the unit(s) subject to a certain affordable housing restriction
attached as an exhibit to the covenant, in either case approved as to form by
town counsel.
Community
Housing Permit: A permit granted by
the PLHP for units of Community Housing in a project that requires a Growth
Management Allocation Permit pursuant to Article 6, the Growth Management
By-law. Criteria for approval of a community housing permit shall include
an executed and acknowledged housing restriction or, in the case of ownership
unit(s) an executed and acknowledged covenant whereby the property owner agrees
to convey the unit(s) subject to a certain housing restriction attached as an
exhibit to the covenant, in either case approved as to form by town counsel.
II. Amend ARTICLE 6 GROWTH
MANAGEMENT, Section 6300, Procedure,
so that the first sentence of paragraph 1 of said section reads as follows
(with changes shown in italics):
Application
for a Growth Management Allocation Permit may be made in writing to the Permit
Coordinator only after having first applied for all other permits, (except
building and occupancy permits), licenses, special permits, variances,
determinations and/or orders of conditions for the proposed construction and/or
use as deemed necessary by the Permit Coordinator including, if applicable,
affordable housing and/or community
housing permits awarded by the PLHP.
III. Amend said Section 6300, Procedure, by adding a paragraph 4, as
follows:
4. Affordable
and/or community housing permits will be authorized on a priority basis as
established by the PLHP, using criteria including
but not limited to housing quality standards, quality of design, degree of
affordability in terms of cost, and financial feasibility of the proposal. No
affordable and/or community housing permit shall be issued without prior
authorization of the PLHP.
IV. Amend ARTICLE 6 GROWTH MANAGEMENT,
Section 6600, Growth Limitation Goal Allocations, so that Paragraph 1 reads as follows (with changes shown
in italics):
Initially,
13,200 gpd shall be allotted for assignment for Use Category 1a.
Thereafter,
all unassigned gallonage remaining at the end of each calendar year for General
Use Category 1a shall be allotted for
assignment in the next calendar year for Use Category 1a. Unassigned gallonage remaining at the end of each calendar year for
General Use Categories 1b, 1c, and 2, shall be allotted for assignment in the
next calendar year for those same categories, respectively (1b to 1b, 1c to 1c,
and 2 to 2).One quarter of the unassigned gallonage remaining at the end of
each calendar year for General Use Categories 3 and 4 shall be allotted for
assignment in the next calendar year for Use Category 1a; two quarters of said
remaining unassigned gallonage shall be so allotted for Use Category 1b; and
one quarter of said remaining unassigned gallonage shall be so allotted for Use
Category 1c. On the effective date of this zoning by-law amendment and on
the anniversary thereof in 2005, 2006, 2007 and 2008, 550 gallons per day shall
be added to the allotment for Use Category 1a, provided that prior to each such
anniversary, the Board of Selectmen shall have made a finding that the Town is
in compliance with the water withdrawal permit issued by the Department of
Environmental Protection (“DEP”) pursuant to 310 CMR 36.00 and all applicable
rules and regulations promulgated by DEP with respect thereto.
Article 13. Zoning By-law Amendment: Extend
Amnesty for Affordable Accessory Apartments. To
extend for one year the amnesty period for affordable accessory apartments
established by the April 7, 2004 Special Town Meeting by amending the Zoning
By-laws, Section 4800, Affordable Housing By-law, paragraph 3 to read as
follows: “3. Amnesty. Owners of lots
containing a dwelling unit (i) for which there does not exist a validly-issued
variance, special permit, building permit or occupancy permit, (ii) that is/are
not legally pre-existing, non-conforming use(s) or structure(s), or (iii)
is/are not otherwise in compliance with the Zoning By-law shall apply for a
special permit under this section within one (1) year two (2) years of the effective date of
this section; otherwise the provisions of this section shall not apply to such
lots.”
Doug Johnstone
Provincetown Town Clerk
Published: Provincetown Banner May 12 & 19, 2005
Posted: www.provincetown-ma.gov 5/6/05 4:00 pm dj